McIntyre v. Balentine

OPINION

DROWOTA, Justice.

In this personal injury action, we granted Plaintiff’s application for permission to appeal in order to decide whether to adopt a system of comparative fault in Tennessee. We are also asked to determine whether the criminal presumption of intoxication is admissible evidence in a civil case. We now replace the common law defense of contributory negligence with a system of comparative fault. Additionally, we hold that the criminal presumption of intoxication established by T.C.A. § 55-10-408(b) (1988) is admissible evidence in a civil case.

In the early morning darkness…